Q: I live in New York State. I am the father of two young boys 11 and 13 years old. I won full physical custody of my boys in December of 2013.I make $115,000 a year. My ex wife makes 27 thousand dollars per year.in our custody agreement it states that I am NOT to seek child support until April of 2015.I want to file for child support come April of 2015. However I have been told that I may be instructed to pay child support because of the disparity in income between the both of us. Could this ever happen?
A: David's Answer: That depends on the exact phrasing of the custody agreement - if it's shared custody (meaning 50-50%), then you may have to pay some child support to her as the higher-earning parent. If it deems you as the primary residential parent, then there's no way you pay child support to her unless the custody arrangement is modified. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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